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The petitioner is the accused in the case C.P.No.13 of 2017 on the file of the Court of the Judicial First Class Magistrate-1, Pathanamthitta. He is accused of committing an offence punishable under Section 376 of the Indian Penal Code.
2. The case against the petitioner was registered as Crime No.2211 of 2014 of the Pathanamthitta police station on the basis of the first information statement given to the police by the victim lady, the first respondent herein. After completing the investigation of the case, Annexure-3 final report was filed against the petitioner alleging that he had committed rape on the first respondent. On the basis of the final report, committal proceedings were initiated against the petitioner and the case is pending as C.P.No.13 of 2017 on the file of the Court of the Judicial First Class Magistrate-1, Pathanamthitta. The petitioner seeks to quash the proceedings against him by invoking the power of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').
20. Consequently, the petition is allowed. Annexure-3 final report and all proceedings pursuant thereto against the petitioner in C.P.No.13 of 2017 on the file of the Court of the Judicial First Class Magistrate-1, Pathanamthitta, are quashed.
21. In order to avoid embarrassment to the first respondent, it is directed that her real name shall not be disclosed in the cause title of this order, but her name shall be shown as "Ms.X"
(sd/-) R.NARAYANA PISHARADI, JUDGE jsr/09/05/2019 APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE FIR AND THE FIRST INFORMATION STATEMENT DATED 29-12-2014 IN CRIME NO.2211 OF 2014 OF PATHANAMTHITTA POLICE STATION.
ANNEXURE 2 A TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 30-1-2015.
ANNEXURE 3 TRUE COPY OF THE FINAL REPORT IN CRIME NO.2211 OF 2014 OF PATHANAMTHITTA POLICE DATED 20-12-2014.